Case Note & Summary
The appellant, Saleem Abdul Majid Bagwan, was convicted by the 3rd Additional Sessions Judge, Solapur on 30th July 1994 for the offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for five years and a fine of Rs.5,000/- with default imprisonment of one year. The case arose from an incident on 14th September 1992 where the injured, Vinayak Kuberappa Budharam, was stabbed in the abdomen. The medical officer, Dr. Udhav Borade (PW 9), examined the injured and noted two incised wounds: one over the left hypochondrium (5 x 3 cm x muscle deep) and another over the posterior left arm (6 x 3 cm muscle deep). The injuries were described as dangerous to life. The appellant challenged his conviction before the Bombay High Court. The court heard both sides and perused the record. The court found that the evidence of eyewitnesses was inconsistent and that the injured himself did not name the appellant in the first information report. The identification of the appellant as the assailant was doubtful. The court held that the prosecution had failed to prove its case beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Identification of Accused - The appellant was convicted for stabbing the injured with a knife. The court examined the evidence of eyewitnesses and found inconsistencies regarding the identity of the assailant and the manner of assault. The injured himself did not name the appellant in the first information report. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant. (Paras 1-5)
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 (IPC) for stabbing the injured is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Section 307 IPC
- Attempt to murder
- Identification of accused
- Benefit of doubt
- Inconsistent evidence
